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COLORADO BACKHOE SERVICE <br />25193 South Road <br />Pueblo, CO 81006 <br />(719) 924-0288 <br />August 14, 2009 <br />Black Hills Energy <br />105 S. Victoria <br />Pueblo, CO 81003 <br />Certified mail <br />Item # 7004 0750 0002 5692 4191 <br />To whom it may concern; <br />RE: Damage Reimbursement Agreement <br />The Orr Pit <br />Colorado Backhoe Service, has made application for a Colorado <br />Mined Land Reclamation (MLR) permit to extract construction materials <br />from a tract of land located in SE1/4, Sec 6, Township 21 South, Range <br />63 West, of the 6th P.M., Pueblo County, Colorado. <br />Since the Black Hills Energy owns a structure within 200 feet of <br />the mining area state law requires the applicant to agree to reimburse <br />the owner of any structure for damage done to the structure as a <br />result of the permitted operation. According to the MLR law your <br />signature on this agreement must be notarized. <br />Colorado Backhoe Service agrees to reimburse Black Hills Energy <br />for any damage done to the structure listed below as a result of the <br />proposed mining operation. <br />Your acknowledging signature and a notary seal in the spaces <br />provided below should satisfy the MLR law reimbursement requirement. <br />The copy and map are for your files. <br />Please return the original in the supplied envelope by September <br />14, 2009 so we can supply it to the Division of Reclamation, Mining & <br />Safety. Thank you for your cooperation. <br />Sincerely, <br /> <br />Thomas Joseph <br />Owner <br />ACKNOWLEDGED BY: <br />Black Hi E. gy <br />Title _?1i:S?i?' ??L-??•L?cS <br />cc Division of Reclamation, Mining & <br />Safety <br />File <br />Structure list: <br />Powerline <br />NOTARY PUBLIC <br />STATE COLORADO <br />WMMMMOMM <br />STATE OF COLORADO ) <br />COUNTY OF Zl(fL& ) <br />SS. <br />The for going was acknowledged, <br />and subscribed before me, a Notary <br />Public, this 6? 4ay of <br />A 1A q(, 41 <br />commission ir?s: <br />Lary Public